Haque v Tesoriero [2017] FCA 86

Haque v Tesoriero [2017] FCA 86

The applicant failed to show that any competent appeal could be brought from a single judge of the Federal Court exercising appellate jurisdiction to a Full Court of the Federal Court exercising appellate jurisdiction, and expressly accepted that no section or law allowed such an appeal. He also failed to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 February 2017
Procedural Posture
Originating Application for Judicial Review of a Deputy District Registrar's Decision to Refuse to Accept Documents for Filing / Final Hearing and Determination of the Originating Application
Outcome
Originating application dismissed; no order as to costs.
Legal Topics
["review of Registrar's Decision" 'refusal to Accept Documents for Filing' 'application for Leave to Appeal' 'abuse of Process' 'frivolous or Vexatious Documents']
['practice and Procedure' 'federal Court Appellate Jurisdiction' 'judicial Review'] ["review of Registrar's Decision" 'refusal to Accept Documents for Filing' 'application for Leave to Appeal' 'abuse of Process' 'frivolous or Vexatious Documents']

Source-derived case record

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Procedural Posture

Originating Application for Judicial Review of a Deputy District Registrar's Decision to Refuse to Accept Documents for Filing / Final Hearing and Determination of the Originating Application

Legal Issues

  1. 1 ['Whether the Registrar erred in refusing to accept for filing an application for leave to appeal and supporting affidavit.' 'Whether a competent appeal can be brought from a single judge of the Federal Court exercising appellate jurisdiction to a Full Court of the Federal Court exercising appellate jurisdiction.']

Ratio Decidendi

The applicant failed to show that any competent appeal could be brought from a single judge of the Federal Court exercising appellate jurisdiction to a Full Court of the Federal Court exercising appellate jurisdiction, and expressly accepted that no section or law allowed such an appeal. He also failed to demonstrate any other error by the Registrar. The Registrar was therefore correct to refuse to accept the application for leave to appeal and supporting affidavit for filing, and the review application was dismissed.

Court Disposition

Originating application dismissed; no order as to costs.

Orders

  • ['The originating application filed on 30 September 2016 be dismissed.' 'There be no order as to costs.']